Modern technology has provided people with the ability to communicate with others around the world through the Internet. While there are various uses for the online world, not all web surfers are acting lawfully. Just ask any experienced criminal lawyer in Michigan, who has undoubtedly represented several individuals in recent years for computer and Internet crimes.
The existence of a free, accessible, unfiltered, and unauthenticated network has changed the world entirely. Now, people can easily shop online, or keep in touch with friends and family half way across the world. However, as approximately five billion people regularly use the Internet, it is inevitable that some illegal activity will take place.
Law Enforcement Takes Its Stand Against Questionable Websites
To combat this, law enforcement and public officials nationwide are taking a firm stance against websites that are often hosts to questionable content. The most recent target is Craigslist, an online forum where users may post advertisements for anything from cars, jobs, and housing. Previously included on the website was an “Adult Services” category, which thousands of consenting individuals used to connect with others to engage in romantic or sexual relationships.
While most of these postings were perfectly legal, some cases of sex trafficking and child abuse on Craigslist have been reported. Consequently, 17 Attorney Generals across the country (including Mike Cox of Michigan) sent a request to the website that they removed the adult services section, as they believed that it paved the way for the “victimization of children” online.
This is not the first time that Craigslist has been directly attacked by law makers. For years, the owners of the website have been under immense pressure to curb illegal postings. Relentless political badgering prompted Craigslist owners to take down the infamous “erotic services” section, charge $10 per posting in adult services, and manually moderate each posting individually. Despite this, people continued to use the popular website for commission of child abuse and sex crimes. This can hardly seem out-of-the-ordinary, however, as the sheer volume of user submissions makes it inevitable that some illegal postings are bound to slip through.
In response to the most recent letter from American Attorney Generals, Craigslist has again bowed to their demands by placing a “CENSORED” label over where the link used to be.
Although the website creators are clearly bowing to pressure from politicians, United States law prevents them from being held accountable for illegal activity conducted on their forum. According to the Communications Decency Act (Section 230) passed in 1996, “providers of interactive computer service” are immune from state criminal prosecution for unlawful content posted by others. Therefore, while prosecutors can go after those publishing the illegal postings, they are unable to prosecute the website itself, as long as Craigslist complies with governmental requests and removes all postings that are known to be unlawful.
Nonetheless, prosecutors have tried time and time again to hold websites accountable for their users. Â However, Congress has repeatedly reaffirmed that websites do not have legal liability. In the 1997 case of Zeran v. America Online, Inc., the U.S. 4th Circuit Court of Appeals ruled that the protection was in place “to maintain the robust nature of Internet communication and, accordingly, to keep government interference in the medium to a minimum.”
In attacking Internet websites like Craigslist, prosecutors are ignoring Congress’ clear intent to stay away from the online world. By unsuccessfully prosecuting online forums and websites, investigators are wasting valuable time that could be better spent going after actual sex criminals. In fact, such “requests” from law enforcement officials hinder the First Amendment right of free speech, while concurrently encouraging dangerous criminals to move to shadier websites–ultimately making it increasingly difficult to find and prosecute the guilty parties.
As more illegal activity online is reported, computer and Internet crimes have moved to center stage. Those accused of computer and Internet crimes will face tougher consequences in front of less sympathetic juries, possibly resulting in serious fines, probation, or jail time. To protect your rights, it is essential to contact hard-working and experienced criminal attorneys in Michigan for assistance. Â Doing so will be the first step in ensuring that your ability to speak and surf the web freely is protected.